PM faces new refugee squeeze

Federal cabinet will meet tonight to consider options on asylum seeker policy, armed with new advice that the government says rules out overseas processing.

Immigration Minister
Chris Bowen
said advice from Solicitor-General
Stephen Gageler
and two other senior counsel, released yesterday, suggested “it would be difficult under existing laws, under existing legislation, to pursue offshore processing in Papua New Guinea or Nauru, or for that matter in many countries".

But the implications of the advice were immediately subject to heated dispute between the government and opposition. The advice says it may be possible to take asylum seekers to Nauru when its accession to the United Nations Refugee Convention comes into force later this month.

However, there would still be an open question as to whether the conditions on the ground would be accept­able to the High Court.

As a result, the government appeared yesterday to be willing to consider only two options: legislative amendment before pursuing a Nauru option, or abandoning overseas processing, consistent with the Labor Party platform.

Opposition Leader
Tony Abbott
said that while he was prepared to ­support any amendments, the new advice confirmed amendments were not ­necessary to reopen Nauru.

“We don’t want the government to use the High Court’s decision, the Solicitor-General’s opinion, as an excuse to drop offshore processing because offshore processing is an essential part of any effective plan to stop the boats," Mr Abbott said.

Any legislative change with the support of the Coalition to pass amendments would risk a revolt by the Labor Left.

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While there was speculation yesterday that the government and Opposition may have already sounded each other out on a negotiated outcome, any talks of substance could be some time away, with both federal cabinet to meet to consider its position, and a shadow cabinet meeting not due until next week.

Government MPs seemed uncertain where the issue would end up, with the party’s Left stepping up pressure for the government to revert to its platform position and reject offshore processing in favour of onshore processing.

But ministers are concerned that the party’s Right will not countenance such a change, because it would be seen as electoral suicide.

Onshore processing would take place at the risk of continuing boat arrivals and detention centre unrest dominating politics, fuelling further outcries that policy is out of control, some MPs argued.

Mr Abbott said yesterday the Coalition would not insist on the government adopting the Coalition’s temporary protection visa policy as a pre-condition for backing any legislative amendments aimed at shoring up overseas processing, after last week’s High Court decision.

Releasing the new advice from the Solicitor-General yesterday, Mr Bowen said it confirmed protections built in under the High Court’s ruling last week would make it hard for overseas processing to take place in PNG and Nauru.

It would also not be possible to send unaccompanied minors in “any workable way to Nauru or anywhere else", based on the danger his consent to their removal would be reviewed by the courts.

“What that advice tells us is that not only is the government’s declaration of Malaysia invalid, obviously under the High Court decision, but also Minister [Philip] Ruddock’s declarations of Nauru and PNG should also be held to be invalid," Mr Bowen said.

“Clearly the High Court has interpreted the Migration Act in this way and it will be open to the Parliament to change the Migration Act to deal with how the High Court has interpreted it and that’s one of the options that would be available."

But shadow attorney-general
George Brandis
seized on Mr Bowen’s comments, saying he had misrepresented the advice.

“Contrary to the claims by the Minister for Immigration, Mr Bowen, this morning, the advice of the commonwealth Solicitor-General does not rule out the possibility of offshore processing on Nauru, following the High Court’s decision striking down the ‘Malaysian solution’," Senator Brandis said.

“It leaves that possibility open."

Mr Abbott said yesterday that if the government wanted to “stop the boats, we don’t just need third-country offshore processing, we also need TPVs [temporary protection visas] and the option to turn the boats around".

“But if the government wants to continue with offshore processing in PNG or in Nauru, we will work with them to amend the Act," he said.

“We’re not saying they have to introduce TPVs, but we certainly would if we were the government. This is a good faith offer to the Prime Minister. If you want to resurrect something out of this mess, if you want to have what you think is a credible border-protection policy, we’ll work with you to bring it about."

With Labor deeply divided on asylum seekers, senior ministers came out in support of the Prime Minister over the weekend to quash any leadership speculation. “
Julia Gillard
is tough as nails and she is going to lead the Labor Party for a long period of time," Treasurer
Wayne Swan
said.

But Mr Bowen refused to refute speculation he had offered his resignation after the High Court decision.

“Conversations between the Prime Minister and I are conversations between the Prime Minister and I, and that’s how they’ll remain," he said.